Is there a difference in severity in a Shvua D'oraisa (Shvuas Shomrim, for e.g.) vs a Shvua D'rabanan (Shvua She'aino B'rshuso)? Both invoke Hash-m's name, I assume...the difference just seems to be the source, or the catalyst for the Shvua. It is either from the Rabanan, or from the Torah. The reason I ask is because if a Shomer Pikadon is motivated to pay keren instead of taking a Shvua to patur himself, he does not seem to be saving himself from much, being that he still has to take a Shvua She'aino B'rshuso...unless that Shvua is considerably less severe than a Shvuas Shomrim.
Daniel Steinberg, Columbus, OH USA
Dear Daniel,
There are types of Shevu'ah d'Rabanan that are less severe (like Shevu'as Heses for Kofer ba'kol) concerning the need of Nekitas Chefetz (holding a Sefer Torah, etc., while swearing, which is either not needed at all, or even if it is needed it may be held by someone else) (see Mesivta edition, Otzar Iyunim 22:4 at length on this topic).
In this case of Eino bi'Reshuso, Nekitas Chefetz is needed in full. The Sema in Choshen Mishpat 395:2 asks your question: so what does he gain? He answers that if he does not pay and swears, that would require additional Shevu'os -- that he was never negligent in watching (she'Lo Pashati) and that he was never Shole'ach Yad, which is much more difficult to feel clean enough to swear about, so therefore he might choose to pay and swear only Eino bi'Reshuso, which is easier to swear.
All the best,
Reuven Weiner